It has been a while since we have updated the recent news section of our site. Since our last update we have had over 50 police cautions and arrest records deleted.
Each case has turned on its own particular facts, and deletion decisions, have been taken across the length and breadth of England and Wales.
Along with these Police National Computer (PNC) deletion decisions we have also also successfully applied for the remove of local police records, challenged disclosures on enhanced DBS certificates, and successfully challenged DBS barring decisions.
Today however was our most successful day yet as we received notice from the police that police cautions had been deleted from the PNC with respect to 5 separate cases.
Each case related to 5 different police forces, and 5 separate sets of facts.
1. Domestic Assault Police Caution Deleted
This caution was deleted with respect to a domestic dispute allegation. There were a number of defects in the police’s case, and the client’s husband (who was the purported victim) supported the deletion.
2. Fraud Police Caution Deleted
This police caution had been issued a number of years ago. Despite the time that had elapsed we were able to piece together the case, and show the police that the police caution was being unfairly retained.
3. Drugs Police Caution Removed
This case related to the possession of class A drugs. The caution had a devastating emotional impact on the client, and despite it being issued several years ago, the client relived their arrest on a daily basis. It was no exaggeration to say the arrest had turned the client’s life upside down. We were able to persuade the police that the caution was unfair and ought to be deleted.
4. Robbery Police Caution Deleted from the PNC
This police caution had been issued a number of years ago, but as it was for robbery, it was permanently disclosable on both a standard and enhanced DBS check. We were able to present evidence that showed the caution ought to be deleted by the police.
5. Sexual Police Offence Caution Expunged
This police caution had been issued recently and related to a relatively serous sexual allegation. The client had been offered the caution on the basis that he was fortunate to avoid prosecution, and thereby a humiliating court case. Despite accepting the caution, his details were nevertheless plastered over the internet, and his employer found out – resulting in the loss of his employment. We reviewed the evidence and concluded there had been some serious errors in the police’s conduct of the case. We prepared extensive and detailed representations. Within a matter of weeks the police had communicated to us that they had deleted the police caution. Now the record is removed from the PNC the client is able to resume work and get back on with his life.
Enhanced DBS Certificate Appeals
Along with successfully appealing 5 police cautions, we also received notice today that two separate enhanced DBS certificate appeals were successful.
1. Chief Constable Representations for Medical Professional
One case related to the disclosure of a domestic incident that had resulted in no further action being taken. The client was a medical professional and so if the incident was disclosed on the client’s certificate, it would have had a devastating impact.
We made careful and prompt representations to the police, pointing out the factual inconsistencies in the evidence, set against the law related to the disclosure of non-conviction records. The police promptly concluded the incident ought not to be disclosed, and issued a clean DBS check.
2. Enhanced DBS Certificate Appeal for Medical Student
The other matter related to a sibling incident where the client had received a community resolution. The incident was low level, but the police felt the allegation had raised some safeguarding issues. We pulled together detailed representations, setting out why it would be unfair to disclose the community resolution, and the purported facts behind it. After several months of waiting and chasing the police, they finally agreed to remove the information from the certificate.
The client now has a clean enhanced DBS certificate and is making plans to enroll in medical school.
Police Records Deletion, DBS Appeals & Disciplinary Solicitors
We have extensive experience in applying for the deletion of police cautions in relation to many different police forces.
Along with applying for the deletion of police cautions, we are also able to assist with the deletion of PNC arrest records, community resolutions, harassment PINs, Penalty Notices for Disorder (PNDs), biometric data (including custody images) and local police records held on the Police National Database (PND).
We can also assist with challenging DBS disclosures on both standard and enhanced DBS certificates. Our lawyers also have extensive experience in challenging DBS barring decisions; both appealing existing barrings, or resisting a new barring application.
We are also able to help if you are being investigated by a regulator including the General Medical Council (GMC), the Nursing and Midwifery Council (NMC), the Health Care Professions Council (HCPC), the General Pharmaceutical Council (GPhC), Medicines and Healthcare products Regulatory Agency (MHRA), the General Optical Council (GOC), the Association of Accounting Technicians (AAT), the Association of Chartered Certified Accountants (ACCA), the General Dental Council (GDC), the General Osteopathic Council (GOsC), Institute of Chartered Accountants in England and Wales (ICAEW), the Royal College of Veterinary Surgeons (RCVS), and the Teaching Regulation Agency (TRA).
In most cases we offer fixed fees, unfortunately we do not offer legal aid.
Please get in touch to arrange an initial consultation